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(영문) 대구지방법원 김천지원 2016.03.31 2015고단1253

교통사고처리특례법위반

Text

Defendant shall be punished by imprisonment without prison labor for four months.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a first car in B.

On August 27, 2015, the Defendant driven the above car at around 15:20 on August 27, 2015, and led to the 906 Do road of Li working village at the ri-si in lieu of Kimcheon-si, Kimcheon-si.

At the time, the victim C(80) was driving ahead of the same direction in the same manner, so in such a case, there was a duty of care to safely operate the steering vehicle by accurately operating the steering and steering gear.

In this regard, the Defendant neglected to do so and went ahead of the victim's horse while being loaded more behind the right-hand side of the front side of the defendant's body, and caused the victim to fall down on the floor.

Defendant 1 suffered serious injury, such as 2 times in need of approximately 12 weeks of treatment due to the above occupational negligence, and 11 times in scarcitys of pressure.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report, a report on actual condition investigation, and on-site photographs;

1. Medical certificates and medical statements;

1. Data concerning the payment of modern marine insurance proceeds;

1. Application of Acts and subordinate statutes to investigative reports ( telephone communications between victims);

1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act, grounds for sentencing of imprisonment without prison labor or heavier punishment;

1. One month to five years from imprisonment without prison labor, the range of applicable sentences in law; and

2. Application of the sentencing criteria [the type of determination] shall apply to traffic accidents in general, and the type 1 (the injury of a traffic accident) (the person subject to special sentencing] aggravated factors: Where an injury occurs among the factors causing the injury (the scope of recommended punishment] from August to June (the aggravated area) of a credit cooperative.

3. As a result of the Defendant’s negligence in the determination of sentence, an injury was inflicted on the victim who was not negligent in the occurrence of the accident, and accordingly, the agreement was not reached even if the suffering of the victim and his family

The defendant is in the year 2007.